Privacy Policy

TERMS OF USE
By accessing, browsing or using 105.7 Max FM (“Website”), or any page thereof, through direct or indirect means, or alternative methods (including telephone or email) in any manner, you accept and agree to be bound by these Terms of Use (“Agreement”).

Broadcast Company of the Americas (“Owner”) reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

If at any time you choose not to accept these Terms of Use, do not use this Website.

Links to Other Sites
This Website may contain links to other sites. If so, and if you choose to use the services provided by those third-party websites, you may be asked by those sites to provide certain personally identifiable information. Owner is not responsible for the privacy practices of those sites. Please be aware when you leave our site, and read the privacy policies of each and every website that you visit. This Agreement applies solely to this Website. Owner is not responsible for the contents of any linked site or any link contained in a linked site.

Intellectual Property
All material available on this Website is the property of Owner and is protected by international copyright and trademark laws. All rights are reserved to Owner. You may not modify, copy, reproduce, republish, upload, transmit, broadcast, sell or distribute in any way any material from this site without express written permission from Owner. You are permitted to use material from this Website for your own personal, private, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Broadcast Company of the Americas is a trademark of Owner. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the service provider’s designated agent. Written notification must be submitted to the following designated agent: digital@bcaradio.com

Restrictions on Use
You agree that you will not, and will not assist or enable others to use the Website:
1. to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or entity, or otherwise interfere with use of the Website;
2. in violation of the Terms of Use or any applicable law;
3. to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Website or Website Content except as expressly authorized by Owner
4. to mine, record or gather information about other users;
Termination

Owner may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind.

Disclaimers and Liability
THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. OWNER MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH AND/OR SOLD ON THE WEBSITE, AND. OWNER FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO CASE SHALL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR OF ANY OF THE SERVICES OR PRODUCTS SOLD THEREON, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OWNER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity
You agree to indemnify Owner and its agents and representatives from and against any and all liabilities, expenses (including attorneys’ fees) and damages from any claim or demand made by any third-party due to or arising out of (i) your access or use of the Website or of the products and services sold thereon, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity.

PRIVACY POLICY
This notice explains how we protect your privacy and treat your personal information. It applies to current and former customers. “Personal information” here means anything we know about you personally.

Protecting Your Information
We take important steps to protect your personal information. We treat it as confidential. We require our employees to take care in handling it. We limit access to those who need it to perform their jobs. Our outside service providers must also protect it, and use it only to meet our business needs. We also take steps to protect our systems from unauthorized access. We comply with all laws that apply to us.

Collecting Your Information
The types of Personal Information we collect and share depend on the product or service you have with us. This information can include: Name, Email Address, Phone Number(s), Physical Address(s) and personal information and preferences you’ve granted us during regular site use.

How We Get Your Information
We get your personal information mostly from you. We may also use outside sources to confirm and extend this information to help tailor your user experience and match you with the content and advertisements you find most relevant.

Using Your Information
We may share your personal information with your consent or as permitted or required by law. For example, we may share your information with businesses hired to carry out services for us. We may also share it with our affiliated or unaffiliated business partners through joint marketing agreements. In those situations, we share your information to jointly offer you products and services or have others offer you products and services we endorse or sponsor.
Other reasons we may share your information include:

  • Doing what a court, law enforcement, or government agency requires us to do (for example, complying with search warrants or subpoenas)
  • Telling another company what we know about you if we are selling or merging any part of our business
  • Giving your information to someone with a legal interest in your assets (for example, creditor with a lien on your account)
  • Those listed in our “Using Your Information” section above

Opting Out
You may tell us not to share your information with our affiliates for their own marketing purposes or unaffiliated business partners as part of a joint marketing arrangement. Even if you don’t “opt out”, we will not share your information with unaffiliated companies for their own marketing purposes without a joint marketing arrangement. You can also “opt out” anytime by contacting us at: digital@bcaradio.com

Non-Personal User Content
Owner may use user submitted content such as ratings, reviews, feedback (“User Content”) in a number of different ways, including displaying it on the Website, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, or distributing it. Accordingly, you irrevocably grant Owner permission to use your User Content for any purpose. You also irrevocably grant the Website users the right to access User Content in connection with their use of the Website or other marketing materials.

You assume all risks associated with User Content, including reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your User Content that makes you personally identifiable. You may not imply that User Content is in any way sponsored or endorsed by Owner.

Owner cannot and does not review all User Content feedback, nor does it have any control over the same. Under no circumstances shall Owner be held responsible or liable for any claims or damages arising out of any reviews or feedback.
Owner may remove, edit or reinstate User Content at our sole discretion.

Children’s Privacy
Our Sites are not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on our Sites. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on our Sites, we will delete the information from our records.

Cookies
We use cookies and log files to: (a) store information so that you will not have to re-enter it during your next visit to the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our services; and (d) monitor metrics such as total number of visitors and pages viewed.

Accessing and Correcting Your Information
You may ask us for a copy of the personal information we have about you. Generally, we will provide it as long as it is reasonably retrievable and within our control. You must make your request in writing. For legal reasons, we may not show you anything we learned as part of a claim or lawsuit, unless required by law.

If you tell us what we know about you is incorrect, we will review it. If we agree, we will update our records. Otherwise, you may dispute our findings in writing, and we will include your statement whenever we give your disputed information to anyone else.

Notice to California Residents about your Privacy Rights Online
Subject to certain limits under California Civil Code § 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us at: digital@bcaradio.com

Your Choices with Respect to Cookies and Web Beacons 
You have the choice to set your browser to accept all cookies, reject all cookies, notify you when a cookie is set and to delete your cookies periodically. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

Web beacons are generally used in conjunction with cookies, so if your browser is set to reject cookies, or if cookies are deleted, web beacons will be unable to track your activity as you navigate between web sites.

It is up to you whether to allow us or third parties to send you cookies, but if you block cookies, you may not be able to view or access some or all of a BCA RADIO/105.7 MAX FM Web Site. By using BCA RADIO/105.7 MAX FM Web Sites and by choosing not to block or disable cookies, web beacons, or other similar technologies where you have the opportunity to do so, you consent to the uses of your personal information in relation to these technologies as described herein and in the BCA RADIO/105.7 MAX FM Privacy Policy.

For more information about cookies and web beacons, including how to manage your browser settings to accept or refuse cookies, please visit AllAboutCookies.org and OnGuardOnline.gov.

In addition, you have choices about the collection and use of your information by third parties to display relevant advertisements, as described in our overview of third-party online advertising.

BCA RADIO/105.7 MAX FM Digital Media Online Advertising

In order to customize your experience on the BCA RADIO/105.7 MAX FM Web Sites, we may use cookies, web beacons, and other technologies to collect information about the content and advertisements you view on our Web Sites. Based on this information, and other information we may collect about you, we try to infer your interests and show content and advertising that is more relevant to you. For example, if you access an article about computers on one BCA RADIO/105.7 MAX FM Web Site, we may show you a computer-related advertisement on another BCA RADIO/105.7 MAX FM Web Site based on your apparent interests.

We also may receive information from third parties about you and your activities on other sites for the purpose of serving relevant advertisements to you on BCA RADIO/105.7 MAX FM Web Sites. For example, if you access an article on a third-party site about computers, we may use that information to serve you with a computer-related advertisement on a BCA RADIO/105.7 MAX FM Web Site.

Please note that we may share information about our users with advertisers so that they can measure the effectiveness of advertisements viewed on the BCA RADIO/105.7 MAX FM Web Sites. For example, we may tell advertisers the number of users who clicked on a particular advertisement.

These online-advertising efforts across BCA RADIO/105.7 MAX FM Web Sites do not result in you seeing more advertisements, just more relevant advertising, and they allow us to provide you with free content and services on our Web Sites. We hope you value our efforts to show you content and advertising that more closely reflects your interests.

Some of the advertisements you see on BCA RADIO/105.7 MAX FM Web Sites are delivered by third parties.

 

Third-Party Online Advertising

Some of the advertisements you see on BCA RADIO/105.7 MAX FM Web Sites are delivered by third parties who also collect information through their own cookies, web beacons, and other technologies about your online activities, either on our Web Sites or across the Internet, in an effort to understand your interests and deliver advertisements to you that are tailored to your interests. These third parties include advertisers, advertising agencies and ad networks that may collect information when you view or interact with one of their advertisements. Please note that BCA RADIO/105.7 MAX FM does not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, and the information practices of these third parties are not covered by this Privacy Policy.

Third parties that may currently collect information on our Web Sites about your online activities for the purpose of delivering tailored ads to you include, but are not limited to, AtlasDoubleClick, EyeWonder, GoogleMediaMind and PointRoll. These companies may offer a way for you to choose not to have your information used for advertising purposes. You can find more information by clicking on the company names above and following the links to each company’s web site.

In addition, some of these companies are members of the Network Advertising Initiative (“NAI”), which offers a single location for consumers to opt out of receiving tailored ads from member companies. To learn more and opt out of information collection by NAI member companies, please visit the NAI Consumer Opt Out page. Also, through the Digital Advertising Alliance (“DAA”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are delivered based on their online behavior across different Web Sites. BCA RADIO/105.7 MAX FM is committed to complying with the DAA’s Self-Regulatory Program for Online Behavioral Advertising. To learn more and make choices about interest-based ads from participating third parties, please visit the DAA Consumer Opt-Out page.

Please note that if you opt out of having your information used to deliver advertisements tailored to your interests, you will continue to see advertisements on our Web Sites, but these advertisements may not be as relevant to you.

In addition, BCA RADIO/105.7 MAX FM works with third parties to help us track the advertisements that are delivered to you; in particular, to control the number of times you receive the same advertisement and to analyze the effectiveness of advertising on our Web Sites. Third parties that use cookies, web beacons and other technologies to help us with traffic measurement, research and analytics include OmnitureComscoreNielsen and ConfirmIT. We do not share your contact information with these third parties.

 

Questions
We want you to understand how we protect your privacy. If you have any questions about this notice, please contact us. When you write, include your name, address, and policy or account number.
Send privacy questions to: digital@bcaradio.com

Please note that this Privacy Policy may change from time to time. If we make any material changes, we will notify you as required by law.